Tax Question: Does the 1st wife get the ex-Husband's Social Security Check?

Question

I was told that if couple is married for 10 or more years and gets a divorce whereas the ex-wife never remarries she gets the ex-Husband's government retirement funds..ex. Social Security Check. Also it doesn't matter about if the ex-Husband is currently married. Is this true?

Answer 1

You are correct. From SSA website:
A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

was married to the former spouse for at least 10 years;
is at least age 62 years old;
is unmarried;
is not entitled to a higher Social Security benefit on his or her own record.
In addition, the former spouse must be entitled to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit, but has not yet applied for it, the divorced spouse can still receive a benefit if he or she meets the eligibility requirements above and has been divorced from the former spouse for at least two years.

Generally, benefits cannot continue to be paid if the divorced spouse remarries someone other than the former spouse, unless the latter marriage ends (whether by death, divorce, or annulment), or the marriage is to a person entitled to certain types of Social Security auxiliary or survivor's benefits.
A person can receive benefits as a surviving divorced spouse on the Social Security record of a former spouse who died fully insured, if he or she:

is at least age 60, or age 50 and disabled;
was married to the former spouse for at least 10 years; and
is not entitled to a higher Social Security benefit on his or her own record.
If the surviving divorced spouse age 60 or over applying for benefits remarried after age 60, or after age 50 and at the time of remarriage was entitled to disability benefits, the marriage is disregarded. If a person is already entitled to benefits as an aged or disabled surviving divorced spouse and remarries, benefits continue regardless of the person's age at the time of remarriage.

The benefits paid to a divorced spouse or a surviving divorced spouse will not affect the benefit amount paid to other family members who receive benefits on the same record.

If you would like to receive an estimate of benefits you may receive as a divorced spouse or a surviving divorced spouse, you may contact our representatives at our toll-free number, 1-800-772-1213. They may be able to provide you with this information over the telephone. If you prefer, you may visit one of our offices. You can get the address and directions to your nearest office from the Social Security Office Locator that is available on the Internet.

Answer 2

Not exactly. If the marriage lasted 10 or more years, the first wife (or how ever many there are who were married for 10 years - could be more than one) can receive spouses benefits based on the former husband. He gets his benefit check, and if a former (or current, or both) wife qualifies, that (those) people can get spouses benefits.

Answer 3

My brother died last week. His first wife was married 13 yrs, with him - she remarried but divorced shortly and never married again. He was married to a 2nd wife. Is his first wife eligible for his social security. I want to help her get benefits if she deserves them. He died at age 71 - could she have collected when he started collecting social security benefits. If so, can she go back and get the benefits when he started collecting. Thank you.

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